HB 674-FN-A – AS INTRODUCED
2005 SESSION
05/09
HOUSE BILL 674-FN-A
AN ACT establishing fees for construction plan reviews by the state fire marshal and establishing the position of fire protection engineer in the division of fire safety.
SPONSORS: Rep. Stevens, Carr 4; Rep. Tholl, Coos 2; Rep. Winchell, Rock 6
COMMITTEE: Executive Departments and Administration
This bill establishes fees for the review of construction plans by the state fire marshal and provides that such fees shall be deposited in the fire standards and training and emergency medical services fund. The bill also establishes the classified position of fire protection engineer to assist the fire marshal in conducting the plan reviews.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0401
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing fees for construction plan reviews by the state fire marshal and establishing the position of fire protection engineer in the division of fire safety.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Board of Fire Control; Fire Marshal’s Review of Construction Plans; Fees; Position of Fire Protection Engineer. RSA 153:8-a is repealed and reenacted to read as follows:
153:8-a Fire Protection Engineers. The position of fire protection engineer shall be established within the division of fire safety in the department of safety. The fire protection engineer shall be under the supervision of the state fire marshal and shall assist the state fire marshal in conducting the construction plan reviews required under RSA 153:8-b. Positions for fire protection engineer may be filled, subject to the approval of the commissioner of safety, within the limits of available appropriations. Fire protection engineers shall be classified state employees as defined by the division of personnel.
2 New Sections; Life Safety Code and Variances; Approval of Plans; Fees. Amend RSA 153 by inserting after section 8-a the following new sections:
153:8-b Life Safety Code and Variances.
I. The state fire marshal or, at his or her direction, the deputy fire marshal and fire investigators shall be solely responsible for enforcement of the most recent edition of the Life Safety Code, NFPA Doc. No. 101, and the granting of variances or exceptions thereunder.
II. The state fire marshal, with approval of the commissioner of safety, shall adopt rules, under RSA 541-A, relative to the Life Safety Code and the granting of exceptions or variances under this section. Such rules shall be part of the state fire code under RSA 153:5.
III. When performing his or her duties under this section and under RSA 153:8-c, the state fire marshal or his or her authorized representative shall consider the written recommendations, if any, of the local fire chief and the local building inspector.
153:8-c Approval of Plans for Construction or Renovation of all State Buildings Required. The state fire marshal or, by his or her direction, the deputy fire marshal shall approve all plans for construction or renovation of state buildings and properties, including the university system, to ensure compliance with fire safety measures.
153:8-d Fees for Review of Construction and Renovation Plans.
I. The fire marshal shall assess a fee for plan review of renovation and new construction projects. The fee schedule for new construction or new use, defined as renovations exceeding 80 percent of occupancy space, shall be $.05 per square foot for occupied spaces and $.02 per square foot for bulk storage occupancies, except that the fee for public schools, grades K-12, or state-owned buildings may not exceed $450. The fee for reconstruction, repair, or renovation shall be assessed as follows, based on the construction cost:
(a) $0.00 to $10,000: $25
(b) $10,001 to $50,000: 50
(c) $50,001 to $100,000: 100
(d) $100,001 to $1,500,000: 200
(e) $1,500,001 to $3,000,000: 400
(f) $3,000,001 and above: 450
II. Fees collected under this section shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P: 12-d.
3 Interim Program Funding. For the biennium ending June 30, 2007, the commissioner of safety, with approval of the fiscal committee of the general court and governor and council, may transfer available funds from the fire standards and training and emergency medical services fund established in RSA 21-P:12-d to implement the provisions of this act.
4 Effective date. This act shall take effect July 1, 2005.
LBAO
05-0401
Revised 2/4/05
HB 674 FISCAL NOTE
AN ACT establishing fees for construction plan reviews by the state fire marshal and establishing the position of fire protection engineer in the division of fire safety.
FISCAL IMPACT:
The Department of Safety states this bill will increase state restricted revenue by $67,500 in FY 2006 and each year thereafter. State expenditures will increase by $53,687 in FY 2006, $54,042 in FY 2007, $56,462 in FY 2008 and $60,542 in FY 2009. The Department states county and local expenditures may increase by an indeterminable amount. There will be no fiscal impact on county and local revenue.
METHODOLOGY:
The Department states this bill establishes fees for construction plan reviews by the State Fire Marshall and establishes a position to review the plans. The Department provides that revenues and expenses for this program will be paid into and out of the fire standards and training and emergency medical services fund. The State Fire Marshall estimates that the average size of a public building is 9,000 square feet and reviews about 100 sets of plans per year, plus 50 non-publicly owned buildings.
Revenue:
100 sets of plans of publicly owned buildings at .05 per square foot (9,000 sq. ft.) = $45,000
50 sets of non-publicly owned buildings = 22,500
Total revenue $67,500
Expenses: FY 2006 FY 2007 FY 2008 FY 2009
Salaries $45,692 $47,879 $50,126 $52,524
Current Expense 500 500 500 500
Equipment 2,500 500 500 2,000
Benefits – 7.65% 3,495 3,663 3,836 4,018
Travel 1,500 1,500 1,500 1,500
Total $53,687 $54,042 $56,462 $60,542
One part-time Fire Protection Engineer, Labor Grade 35, 29 hours per week x 52 weeks at 7.65% benefits and related expenses. Current expense includes office supplies and other items needed to perform the function. Equipment line contains desk, chair, computer, etc. for the position. FY 2009 equipment includes replacement of computer.
To the extent state, local or county government builds or renovates public buildings and plan review fees are not absorbed by the architect or contractor, there could be some cost to the agency building or renovating the structure.